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In forceAmended2020 Revised Edition

Part 7 · Disciplinary Proceedings and Inquiries

53. Fitness assessment

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Amended

Last amended by an amending law of 2020.

(1)

If a registered medical practitioner consents to undergo a fitness assessment under section 50(3)(b), the registered medical practitioner’s fitness to practise medicine by reason of his physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the relevant Complaints Committee and comprising one or more suitably qualified persons determined by the relevant Complaints Committee.

(2)

A Fitness Assessment Panel must carry out the fitness assessment in accordance with —

(a)

the provisions of this Division;

(b)

any practice and procedure determined by the Medical Council for fitness assessments; and

(c)

any instructions issued by the relevant Complaints Committee for the fitness assessment.

(3)

A Fitness Assessment Panel must submit a report of its assessment to the relevant Complaints Committee and, with the approval of the relevant Complaints Committee, provide a copy of the report to the registered medical practitioner.

(4)

The relevant Complaints Committee, or the investigator with the approval of the relevant Complaints Committee, may discuss with the registered medical practitioner under assessment the report mentioned in subsection (3) and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

(5)

If, at any time before the report mentioned in subsection (3) is submitted to the relevant Complaints Committee —

(a)

the relevant Complaints Committee instructs the discontinuation of the fitness assessment; or

(b)

the relevant Complaints Committee completes its inquiry,the fitness assessment is discontinued from the date paragraph (a) or (b) occurs, whichever is earlier.

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